Revolutionary War Pension and Bounty Land Warrant Application File W. 24,278, Jonathan Gilman, N.H.

SERVICE
NUMBER _____
N.H.
Gilman, Jonathan Keziah
N. 24,278
CONTENTS

Maine. 28.912
Jonathan Gilman of Waldoboro, in the State of Maine who was a Com: Adm: in the _____ commanded by Captain _____ of the F: _____ commanded by Col: Stark in the N. O. F. line for 10 months -
84 Not Cont Waldo
Inscribed on the Roll of Maine — at the rate of 89 Dollars 33 Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 8 th day of July 36- and with Hon: Sec: Hall, Candero - Maine -
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by Matt. Flee Clerk, Book C Vol. 1 Page 19

McCune - 2,291.
Keziah Gilman widow of Jonathan Gilman, who was a pensioner under the Act of 7: June '32 and who died on the 20 th Oct 1835 of C & S F in the State of Maine who was a C & S F in the Capt y commanded by Captain  of the Reg t commanded by  in the  line for 10 th in the
Inscribed on the Roll of McCune at the rate of 39 Dollars 33 Cents per annum, to commence on the 4 th day of March, 1836.
Certificate of Pension issued the 9 th day of Apr '39, and signed Hon. M. F. Anderson, Rec d of Pensions, Maine
Arrears to the 4 th of Mar - $117.99 Semi-annual allowance ending 19 66 $137.65
{ Act July 7, } 1838. }
Recorded by R. Babin Clerk, Book A Vol. 1 - Page 10 -

Jona Gilman's Duluthian
N o 6550.

Declaration in order to obtain the benefit of the act of Congress passed June 7th A.D. 1832 -
State of Maine Waldo County ss -
On this 17 th day of August A.D. 1832 personally appeared in open court before the Hon. Alfred Johnson Jr Judge of the court of Probate (now sitting Jonathan Gilman a resident of Searsport in said County aged eighty years last February who being first duly sworn according to law, doth on his oath make the following declaration in order to obtain the benefit of the act of Congress passed June 7th A.D. 1832) -
That he entered the service of the United States under the following named officers and served as herein stated -
At Gilmantown in the County of Strafford & State of New Ham- pshire in April 1775 he entered the service of the United States as a volunteer in Capt. Henry Dearborn's Company, Col. John Starks Regiment of Infantry & acted as a corporal in said company until January 1776 when he was dismissed at Winter Hill in Charlestown without a written discharge - He belonged  at  thinks served under the above named officers over eight & he thinks as much as nine months - Immediately after he entered the service at said Gilmantown he marched to Portsmouth N.H. then to Newford Neck where he remained until the battle at Bunker Hill at which time he was stationed at Winter Hill -
The last of January 1776 at Exeter N.H. he again entered the service of the United States as a volunteer in Capt. Richard Sinclair Company, Colo. Walder. Lt. Col. Alpheus Chesley & Major Peter Coffin's Regiment for two months & served that time as a Sergeant of said Company & was dismissed at Bunker Hill about the first of April 1776 without a written discharge - He was born at said Exeter Feby. 12, 1752 & is eighty years old last February -
He has seen a record of his age in an old book which formerly belonged to his father & knows of no other record in existence
He has no documentary evidence & knows of no person living who can testify to his services - He is known to Ebenezer Everett Esq Post Master at Montville & Asahel Lothrop Esq Post Master at Searsport who can testify as to his character

for truth & veracity and their belief of his services as a soldier of the Revolution. He hereby Relinquishes every claim to a pension or annuity except the present & declares that his name is not on the pension roll of the agency of any state
Jon a Gilman
Sworn to & subscribed the day & year aforesaid
Johnson Judge of Probate
We John True a Clergyman residing in the town of Montville and Paul True residing in the said town hereby certify, that we are well acquainted with Jonathan Gilman who has subscribed & sworn to the above declaration; that we believe him to be eighty years of age, that he is reputed & believed in the neighborhood where he resides to have been a soldier of the Revolution & that we concur in that opinion -
Sworn to & subscribed the day and year aforesaid & year aforesaid before me
Johnson Judge of Probate
John True
Paul True
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a revolutionary soldier and served as he states -
And the Court further certifies, that it appears to them that John True who has signed the preceding certificate is a Clergyman resident in the town of Montville, and that Paul True who has also signed the same is a resident in the same town & is a credible person and that their statement is entitled to credit -
Johnson
I Nath l M c Looney Register of Probate for the County of Waldo do hereby certify that the foregoing contains the original proceeding of the said Court in the matter of the application of Jonathan Gilman for a pension - In testimony whereof I have hereunto set my hand and seal of office this 17 th day of August A.D. 1832
Nath l M c Looney
Register of Probate

I Noah Greely of Mount Vernon in the County of Kennebec and State of Maine Yeoman of lawful age do testify and say that I was a soldier in Capt Sinclair's company in Col. Waldin's Regiment and Jonathan Gilman was a Sergeant in said Capt. Sinclair's company. After the British left Boston we were stationed on Bunker's hill in their barracks after staying there two months or thereabouts. The whole regiment was discharged about the last of March 1776. And I further testify and say that I was a resident of the town of Brentwood in the state of New Hampshire and that the said Jonathan Gilman originated from Exeter in New Hampshire. Dated at Mount Vernon aforesaid February 13 th 1834 Noah Greely
Mount Vernon February 13 th 1834 Then the above named Noah Greely personally appeared and made oath that the foregoing deposition by him subscribed is true. before me Nathaniel Sarrabee, Justices of the Peace.
I hereby certify that Noah Greely above mentioned is a credible and competent witness. Nathaniel Sarrabee

State of Maine
I John A. Chandler Clerk of the Judicial Circuit for the County of Kennebec do certify that Nathl. Dandee is a magistrate in & for said County & that the signature purpor- ting to be his is genuine —
In testimony whereof I have hereunto set my my name & seal of office this 14 of Feby.
1834
J. A. Chandler

State of Maine
I John A. Chandler Clerk of the Judicial Court for Kennebec County, do certify that Upham T. Brew is a magistrate in said County of Ken- nebec, & that the signature purporting to be his is genuine -
In testimony whereof I have hereunto set the seal of said office my name this 14 of July 1834
J A Chandler -

I Joshua Wells of Mt Vernon County of Kennebec & State of Maine of Lawful Age do testify and say - that Jonathan Gilman of Gilmanton New Hampshire in the year 1775 was a Soldier in the Regiment commanded by Col John Stark Regiment of which I was then a Soldier in the Company com- manded by Capt Harry Dyer, he enlisted in the Service of the United States for the term of eight months. Then was ordered to winter Hills & was a member of the same Regiment with S d Jonathan Gilman & after the British Troops left Bunker Hill we were stationed there & from thence discharged & returned to our several places of abode which was in March or April in the year 1776 - dated at Mt Vernon County of Kennebec & State of Maine Feb 13 th 1834 -
Joshua Wells Mt Vernon Feb 13 th 1834 -
Then the above named Joshua Wells personally appeared and made oath to the truth of the foregoing deposition by him subscribed before me W ham H arvey Justice Peace I hereby testify that I am well acquainted with the above named Joshua Wells & that he is a man of Truth & Veracity W ham H arvey

Jonathan Gilman of Searsport in the County of Waldo and State of Maine testifies and says that he served Right under months in the Revolutionary army as Corporal and two months as Sargent, and that he never had a Warrant Jon a Gilman
Waldo Is. June 2-1834
Then personally appeared the above named Jonathan Gilman and made oath that the statement above made by him is true before me            Ebenezer D. D. D. Justice of the Peace

State of Maine
I Nathl. M. Loring Register of Probate for the County of Waldo hereby certify that Ebenezer Gove is a Magistrate as within & that the signature on the other side of this sheet purporting to be his is genuine - I also certify that the within named Ebenezer Gilman is well known to me & that his reputation for truth is good & that his declarations in each are entitled to credit - In testimony whereof I have hereunto set my hand & seal of office in this 27th day of June 1834 -
N. M. Loring Register of Probate

Declaration of Azariah Gilmer in order to obtain the benefit of the third section of the Act of Congress of July 4. 1836

Declaration in order to obtain the benefit of the third section of an act of Congress of the 4th. of July 1836.
On this twenty first day of August in the year of our Lord one thousand eight hundred & thirty seven personally appeared before the Court of Probate for the County of Waldo State of Maine, Elizabeth Gilman of Searsport in said County of Waldo aged, eighty years the thirteenth day of last February, who being first duly sworn according to law, doth in her oath just open Court, make the following declaration, in order to obtain the benefit of the provision made by the act of Congress passed July 4th. 1836.
That she is the widow of Jonathan Gilman who was a private & sergeant in the Army of the Revolution & a Pensioner of the United States under the act of Congress of June 7th. 1832 which will more fully appear by the declaration & the proof annexed now in the War Department, made by the said Jona. Gilman.
She further declares that her name before she was married was Abigail Stickfield & that she was married to the said Jonathan Gilman at Lovell in New Hampshire on the twentieth day of July in the year seventeen hundred & seventy six, that her husband the aforesaid Jonathan Gilman died on the twentieth day of December in the year eighteen hundred & thirty that she has remained a widow ever since that period, as will more fully appear by reference to the proof hereto annexed.
Attest
J. M. Lowry
Elizabeth his Gilman
Sworn to & subscribed the day & year above written in open Court before me Alfred Johnson Judge of Probate

Waldo Co.
State of Maine
I William H. Burnell Register of Probate for said County, do hereby certify that the foregoing contains the original proceedings of said Court of Probate in the matter of the application of Therzia Gilmore for a Pension.
In testimony whereof I have hereunto set my hand & Seal of Office this twenty first day of August in the year 1887
Wm. H. Burnell } Register of Probate

I Lewis W. Gilman of Gilmanton, county of Strafford & state of New Hampshire of lawful age depose and say that I am Clerk of the first Congregational Society in said Gilmanton and have the charge of the Records of said Society & also of the Church of said Society; That the first records of the Church were kept by the Rev. Isaac Smith then its Pastor but now deceased; that connected with the Records of said Church as kept by said Smith is the Record of the marriages at that time made by him in the same book - That on examination I find the following entry. "Jonathan Gilman Junr and Jeriah Spokesfield were married July twenty second, Seventeen hundred and Seventy six" - That this is a true abstract from said records with the exception that the words "Twenty second" & "Seventeen hundred & Seventy six" are written in fair legable figures instead as above quoted -
Lewis W. Gilman
State of New Hampshire
Strafford ss. October 3 d . A.D. 1838. Personally appearing the above named Lewis W. Gilman to me well known to be a person entitled to full credit & made solemn oath that the above deposition by him signed is true. Before me Nathl. Eastman Justice of the Peace

State of New Hampshire Strafford ss. I Ira A. Eastman Register of Probate of said county hereby certify that the within named Ira A. Eastman is a Jus- tice of the Peace duly commissioned within & for said county & that the within sig- nature purporting to be his, is genuine.
In testimony whereof I have hereunto set my hand and affixed the seal of the Court of Probate of said county this third day of October Anno Domini 1838.
Ira A. Eastman Register of Probate

I Eleazar Young of Gilmerston in the county of Strafford and state of New Hampshire make oath and say that I am now in my eighty third year; that about sixty two or three years ago, the precise time I cannot recollect, I attended the wedding of Jonathan Gilman and Jeriah Spokesfield at the house of William Gilman his brother; that they were married by the Rev. Isaac Smith then the Congregational Minister of said Gilmerston, but who is now dead. That after they were married they lived in said Gilmerston a number of years as man and wife and I was well acquainted with them. That they then moved from said Gilmerston to some where in the state of Maine down by the Penobscot Bay or his Sunders- Hood.
Eleazar his Young mark
State of New Hampshire Strafford ss. October 2 d A.D. 1838-
Personally appearing the above named Eleazar Young to me known to be a person of veracity, made solemn oath that the above deposition by him signed is true.
Before me, Ira H. Eastman
Justice of the Peace

State of New Hampshire
Strafford Co. I Ira A. Eastman Register of Probate of said county hereby certify that the within named Ira A. Eastman is a Justice of the Peace within and for said county duly commissioned & that the within signature purporting to be his, is genuine.
In testimony whereof I have here- unto set my hand & affixed the seal of the Court of Probate of said county this second day of October Anno Domini 1838.
Ira A. Eastman Register of Probate

4102 Declaration of Hezekiah Gilman to obtain the benefit of 3d Section of the Act of Congress of July 4. 1838.
Mr. 76- the 35. 4 July '36
H. S. H. S. Anderson 1872

I Nathaniel M c Lowry of Belfast in each declare that Jonathan Gilman formerly of Kennebec State of Maine a Revolutionary Soldier of the United States died on or about the twentieth day of December in the year eighteen hundred & thirty five & that his widow Estiah Gilman is now living in said Kennebec & has remained a widow ever since the death of said Jonathan
Nov. 22. 1838
N. M c Lowry
State of Maine } Waldo Co. } S s .
Personally appeared the above named Nathan M c Lowry who is a man of trust & whose declarations in each are entitled to credit & made each to the foregoing affidavit by him signed before me. Solymon Heath Jus. Peace
State of Maine } Waldo Co. } S s .
The subscriber Register of Probate for said County hereby certifies that Solymon Heath is a magistrate as above & that the foregoing signature purporting to be his is genuine
In testimony whereof I have hereunto subscribed my name & affixed my seal of office this 22d day of Nov. 1838
Solymon Heath Reg. of Probate

Reg
WIDOW, &c.
On
File No. 24,278
Heziah Gilman wid of Jonathan Gilman Sergt Mass Line
Act July 7 th 38
Index : Vol A , Page 2174
[Arrangement of 1870.]

Nezah Gilm (4102)
Maine
Act 4 July, 1886
Rejected
See let. to Hon. H. P. Anderson
Dec. 10/1888

Belfast June 27th. 1834.
Sir
I again send the Declaration &c of Jona. Gilman for pension, which were returned for further evidence & explanation. Mr Gilman has produced the depositions of two persons that were with him that substantially prove what he states, the witnesses do not however exactly agree about dates which I believe is the only difference of any importance; in this particular it is very easy for one or the other of them to be mistaken. He also sends his own affidavit which is annexed to his declaration which states that he never had a warrant as Sarg t or Corp t . but one of the depositions states positively that he was a Sarg t two months as he states. If this evidence is not sufficient in the opinion of the Department to entitle him to 30 s pay for the 2 months they will please to give such an allowance as they think him entitled to & send the Cert. to me or deliver it to Hon. Joseph Hall of the House of Representatives from this State who will forward it to me.
Mr Gilman has retained the papers some time to enquire for & obtain testimony & has produced all in his power & is in hopes he has produced enough to satisfy the Department that he served as he states.
I am Sir Most respectfully your Obedt. Servt. N. M. Lowrey Hon. Lewis Cass

Belfast March 30 th 1839
Hon. J. L. Edwards
Sir,
I enclose herewith the declaration of Mrs. Rosiah Gilman in order to obtain the benefits of the Act of 8 th July 1838. The testimony necessary to establish her claim will be found on bills attached to her declaration made last year —
Very respectfully
Your old Serv t
W. S. Anderson

4647 Declaration of Deborah Gilman in order to obtain the benefit of the act of Congress of July 7. 1838-
act 7. July 38
Me
abnd
Smolope
2. Sergt.
$39.35.
No deduction
Hon. H. J. Anderson Belfast Me

Declaration in order to obtain the benefit of the Act of Congress of the 7th. of July 1838
State of Maine Waldo County ss.
On this seventh day of March 1839 - personally appeared before the Court of Probate for said county, in open court, Hester Gilman of Halloway in said county aged eighty six years, who being first duly sworn according to law doth on her oath make the following declaration in order to obtain the benefit of the provision made by the act of Congress of the seventh of July 1838 - - -
That she is the widow of Jonathan Gilman who was a private soldier & sergeant in the Army of the Revolution & a pensioner of the United States under the Act of Congress of the 7th of June 1832 all which will fully appear by his declaration & other evidence on file in the War Department.
She further declares that she was married to said Jonathan Gilman at Litchfield in the State of New Hampshire on the twentieth day of July in the year seventeen hundred & twenty six, that her husband the aforesaid Jonathan Gilman died the twentieth day of December in the year eighteen hundred & thirty five & that she has remained a widow ever since that

survival, all of which will fully appear by reference to her declaration & the other evidence attached to the same now on file in the War Department, made by her & transmitted to the Department for the purpose of obtaining a pension under the 3d section of the Act of Congress of the 4th of July 1836  her  1836 In presence of N. McLaughy
Sworn to & subscribed in open Court the day & year first above written
A. Johnson Judge
State of Maine
Waldo County ss
I Wm H. Codman Register of Probate for said county hereby certify that the foregoing contains the original proceedings of said Court of Probate in the matter of the application of Elizabeth Gilman for a pension.
In testimony whereof I have hereunto set my hand & seal of office this seventh day 10th day of March A.D. 1839-
William H. Codman
Register of Probate

Jonathan Gilman
Pay Proof of Rank
Admiral Capad 8m 29.33 Inf 2m 10.00 $39.33
Camden Me.
Rev Joseph Hall No of Rep

WAR DEPARTMENT,
Pension Office,
Dec r 23 rd 1833
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew what is necessary to be done. Those points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: { ). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
A Statement, shewing the Service of Jonathan Gilmer
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and rank of the Field officers under whom he served. Age at present, and place of abode when he entered the service. Proof by which the declaration is supported.   Years. Months. Days.     He claims as Cop l & Sgt, this rank cannot be allowed unless he receives warrants as such, which ought to be produced, or satisfactory account for their absence, and by whom they were signed! -  
I am, respectfully,
Your obedient servant,
JAMES L. EDWARDS,
Commissioner of Pensions.
He should procure some testimony if possible to substantiate his services, -

REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted:
 This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c., Teamsters, Boatmen, &c. Persons who served on board of private armed vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service. 
Four general classes of cases are embraced in this law:
1. The Regular Troops. 2. The State Troops, Militia, and Volunteers. 3. Persons employed in the Naval Service. 4. Indian Spies.
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will, in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.
DECLARATION,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of } ss. County of }
On this _____ day of _____ personally appeared (a) before A. B. a resident (b) of _____ in the county of _____ and State, Territory or District of _____ aged (c) years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d) _____, with _____ and served in the _____ (e) regiment of the _____ line, under the following named officers :
 [Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.] 
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of _____.
Sworn to and subscribed the day and year aforesaid.
A. B.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
I do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of _____ for a pension.
In testimony whereof, I have hereunto set my hand and seal of office (i) this day of _____ &c.
 If, on examination of the proper record, the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out. 
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the _____ and C. D. residing in (the same) _____, who has hereby certify, that we are well acquainted with _____, who has subscribed and sworn to the above declaration; that we believe him to be years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the days and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B. who has signed the preceding certificate is a clergyman, resident in the [blank] and that C. D., who has also signed the same is a resident in the [blank] and is a credible person, and that their statement is entitled to credit.
I, _____ Clerk of the Court of _____ do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of _____ for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this                      day of                      &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration, (1) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his

alleged service, as they are known at the Department. A very full account of the services of each person will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following ( m ) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
 1. Where and in what year were you born?  2. Have you any record of your age, and if so, where is it?  3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?  4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?  5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services.  6. { To a Soldier. { Did you ever receive a discharge from the service, and if so, by whom was it given, and what has become of it? { To an Officer. { Did you ever receive a commission, and if so, by whom was it signed, and what has become of it?  7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution. 
The Court will see that the answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons—one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify to the character and standing of other persons giving such certificates.
The traditional evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the inquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court, by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the Peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.
[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served.
[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his recollection, he served not less than the periods mentioned below, and in the following grades:—For _____ year _____ months, and _____ days, I served as a _____. For _____ months and _____ days, I served as a _____; and for such service I claim a pension."
It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months , is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that they served two years in the militia, &c. without specifying the tours, the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
[f] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.
Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
Proof of Service.
[j] In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
[k] The notes from [a] to [i] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to continental troops only.
[l] This traditional evidence is indispensable in militia cases.
[m] If a witness cannot be found, the declarant must state the fact.
[n] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.